SB 1437 - This act modifies and creates provisions relating to charging and sentencing repeat offenders. Prosecuting attorneys are required to execute and enforce criminal laws regarding repeat offenders. This act also establishes guidelines for the charging and removal of a prosecutor that fails to charge, plead, or prove a defendant's eligibility for an enhancement, or fails to abide by plea restrictions also created by this act. The Attorney General has the authority to file a civil complaint against a prosecuting attorney to remove such prosecuting attorney from office.
This act requires circuit judges to abide by enhancement provisions for eligible defendants or forfeit rights to their office. The Attorney General is authorized to initiate quo warranto proceedings against a circuit judge that forfeits rights to their office subject to this provision.
Under this act, when a person is found guilty of an offense and sentenced to an extended imprisonment, their offense shall be recorded as an offense of the class of the extended sentence.
This act establishes a prohibition of plea agreements for defendants that are charged with certain enumerated crimes, or are eligible for enhancement, unless there is insufficient evidence to prove the case, and the prosecutor provides a written statement regarding the good faith justification for the plea agreement.
The current sentencing ranges for felony classes are modified as follows:
• Class A felony increased to fifteen years to forty years, from ten years to thirty years;
• Class B felony increased to ten years to twenty years, from five years to fifteen years;
• Class C felony increased to five years to fifteen years, from three years to ten years;
• Class D felony increased to three years to ten years, from a maximum of seven years; and
• Class E felony increased to two to five years, from a maximum of four years.
This act repeals the court's discretion to sentence a person convicted of a class D or E felony to less than one year in the county jail.
Under this act, a prior felony offender that is found guilty of a class A felony shall be sentenced to the maximum term of imprisonment for a class A felony that is not life imprisonment. A persistent felony offender, as defined in the act, that is found guilty of a class A felony shall be sentenced to life imprisonment.
Further, this act requires that a prior felony offender that has been found guilty of a class B, C, D, or E felony shall be sentenced to the maximum term of imprisonment, except life imprisonment, for the class that is one class higher than the offense for which they are found guilty. A persistent felony offender that is found guilty of a class B, C, D, or E felony shall be sentenced to the maximum term of imprisonment, including life imprisonment, for the class that is two classes higher than the offense for which they are found guilty.
This act provides that a persistent misdemeanor offender, as defined in the act, who is found guilty of a class A, B, or C misdemeanor shall be sentenced to the maximum term of imprisonment for a class E felony.
Under this act, a person that receives an enhanced sentence shall not serve a term of imprisonment less than the maximum term of imprisonment allowable under law. In addition, such person shall not be eligible to have their sentence suspended, waived, or reduced by any means, including by the Parole Board.
This act has a severability clause and an emergency clause.
TRISTAN BENSON, JR.